I received a 5-day quit or pay notice, if I pay it can I still be evicted?

Get Legal Help Today

 Secured with SHA-256 Encryption

I received a 5-day quit or pay notice, if I pay it can I still be evicted?

I was injured back and explained all of this to my landlord. My lawsuit has now been settled and I will be able to pay off what is owed to my landlord. Can he still evict me ?

Asked on April 11, 2011 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It depends--can you pay the rent before the trial or court date on your eviction (the next step, after the notice to quit, for the landlord to take you to court to get an eviction if you do not pay or leave by the end of the notice period). If you can pay before the landlord takes you to court and gets a judgment in his favor, then you can't be evicted; but if you can't pay by then--if all you have is a promise of future payment at some point in the future--then you can be evicted; the landlord is *not* obligated to wait for you to have funds avaiable at some future date.

This does not mean that you can't talk to the landlord and get him to agree  to a payment plan or future payment--just that he does not have to agree, and you do not have a right to pay him in the future.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption